Prem Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7867 of 2015 ====================================================== Prem Shankar Prasad. Son of Late Ram Deni Prasad Yadav. Resident of village - Kharki Kuawa, P.S.- Chakia, District - Motihari, East Champaran, at present posted as Block Agriculture Officer, Besa, P.S.- Rauta, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Bihar.

2. The Managing Director, Bihar State Food and Civil Supply Corporation, Bihar, Patna.

3. The District Magistrate, Vaishali at Hajipur.

4. The District Manager, State Food Corporation, Vaishali at Hajipur.

5. The Addl. Collector cum Incharge Officer, Vaishali at Hajipur.

6. The Block Development Officer, Jandaha, Distt.- Vaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Prasad, Advocate.

For the State :

Mr. N.K. Singh- SC-2 For the Corporation :

Mr. Shailendra Kr. Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 19-05-2015 Heard learned counsel for the parties.

2. Having regard to the fact that the petitioner, by an impugned order dated 30.09.2014, has been only asked to give amount of the paddy entrusted to him, this Court would not find any reason to interfere with the impugned order.

3. At this stage, learned counsel for the petitioner submits that the petitioner, at least, he be allowed to explain to the competent authorities that the paddy, which was handed over to him, was properly distributed or accounted for and thus he will not be required to pay amount.

Patna High Court CWJC No.7867 of 2015 (2) dt.19-05-2015 2/2

4. This Court will have no difficulty in giving such liberty in view of the order asking him to pay a sum of Rs. 6,16,733.36 paise itself was passed only on account of the petitioner not explaining the account of the paddy entrusted to him.

5. In that view of the matter, this Court would give opportunity to file his explanation before the District Manager, State Food Corporation, Vaishali, who thereafter may consider the whole aspect with reference to the records and pass an appropriate order as is permissible in law but only after getting prior approval of the Managing Director of the Corporation.

6. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U